The Sun. — London, England, 1826-08-24 00:00:00

4, ~. ry 'J f-- i . / , ///2- ''zZ - i,-,e/ ,VICTUALLING-OPTICE, AuG. 19, ISt& T HE Commissioners for Victualling His Majesty's wavy, do hereby give notice, that there will be SOLD by AucrioN, by Mr. JOHN BATTEN, at, the Sun Tavern, :at Chatham, in. the County of Kent, on FRIDAY, the 9th day "of September next, at Twelve o'Clock, All that valuable mid extensive Estate, situate and being in the Parish of . Chatham and St; Nicholas, within the liberty and pre • eincts - of the City of Rochester, used by the Commissioners for Victualling His Majesty's Navy, as a Victualling Of f ice and Establishment, consisting of a capital illessuage or Dwell. • lag-honse, with the Gardens and Appurtenances thereunto be longing, 'in the occupation of Henry Stokes, Esq., the resident Agent Victualler, and also the several Storehouses, Outbuildings, ' 4l3 ffices,.Sheds, and other erections, now standing and being there on, together with the use of the Wharf and Landing Place ad joining the River Medway, and extending for upwards of three .hundred feet along the same. Also a piece of Saltmaii Land adjoining, westward, called the Tigh, containing a three acres, with the several buildings and erections thereon. The above Estate is . held under, and by virtue of several Leases made and granted to the C,ontmissioners for terms of years which will expire on or shout the 211 April, 1829, at several rent amounting to 2101. pot annum, and subject to the several Co venants, Provisoes.,`and Agreements therein expressed and con• tained. N. B. Th , J Commissioners reserve for the Public Seryice dur ing the remainder of the terms, the WaterTank,with the Mill,Pipes, Fitments, and Apparatus thereto belonging, situate, lying, and being between the entrance gates of the Yard and the Wharf abo.ve-mentioned, with liberty to work the same for the supply of Water to HisMajeety'a Ships, as will be mentioned in the Particu lar and Conditions of Sale. And also reserve for the use of the Agent. Victualler the Messuage or Dwelling-house with the Yard, Gardens, and Appurtenances, now in his private occupation, until Lady Day, 1827,. he paying all Taxes for the same. The Estate may be viewed at any time between the hours of Eight and Six on application to Mr. Stokes, on the premises (who 'will show a plan of the same) or to Mr. Batten, Auctioneer, St. Margaret's :Bank, Rochester ; and printed Particulars may be had of them, and Messrs. Knight and Jones, No. 2, St. James's square, London, and Messrs. Jefferys and Parkin, Chatham. WALLER CLIFTON. BRITISH INSTITUTION, PALL MALL. 'TIRE GALLERY continues open, with the COLLECTION of PICTURES from CARLTON PA LACE, which HIS MAJESTY has been graciously pleased to ' a llow the Directors to Exhibit, from Ten in the Morning until &Clock in the Eve ning. A(lnaissiou, la.—Catalogue, Is. WILLIAM BARNARD, K SYSTEMS, STATES, and MEN, h ave t h e i r RISE, their ZENITH, and DECLINE. The only System ever known to reach. the Zenith of Greatness in the last hour of existence, is the state Lottery of England which is doomed by Pailiament to expire for ever on the very next Day of Drawing, atid yet it possesses a greater display of Sterling Capitals than was wvitr known before, having no less than SIX magnificent Prizes 'of 34,000/. each, without Blanks, as every Ticket is sure of a '.Prize. The whole to be decided in One Day, Wednesday, 18th . of October, when all Lotteries end for ever. -Tickets and Shares are selling by BISII, Stock-Broker, 4, Cornhill; and 9, Charing-cross ; who shared and sold, within the: last Twelve Months, Five of 30,0001.—Four of 21,0001.--. Nine, of 20,000/.;—and in the very last Dr aw i ng , 3d o f M ay , 1 , 8 3 8 ,i (Class 1 !)' 21,0001., and 3,925, (Class A) 21,0001. ! VALUABLE NEW WORKS-Published dur ing the . present Season, by Mr. COLBURN , New Bur lington-street, London, (removed from Conduit-street.) I. The LIFE and TIMES of FREDERICK REYNOLDS Me Dramatist), written by Htstssitr. Comprising numerous Anecdotes of distinguished Persons ; Royal, Political, Fashionable, Uusical, and Literary. 2 vols.. Svo. with Portrait ' 28s. " 2. CAPTAIN MAITLAND'S NARRATIVE of the Sur.. Vender of Buonaparte, and of his Residence on board his Majesty's ,ship Bellerophon,' with the principle:events that occurred in that ship between the 24th May, and the 9th August, 1815 ;-the Secret Correspondence of Captain Maitland with the Government, Itc; &c. Second Edition, Bvo. with a Chart, 91. 6d. I`..Tbis is a narrative of great historical and personal interest." ...Literary Gazette. "This work forms a moat essential document for one of the 'float extraordinary romantic passages in the history of the late w o•"-Times. 3. The POLITICAL PRIMER ; or, Road to Public Ho nours. Small Svo. price 6s. 6d. " This is a hook of very considerable talent."-Times. " The Author displays no slight knowledge of human nature, and of the arts by which public men in this country make the people subservient to their views." -Morning Chronicle. 4. GODWIN'S HISTORY of the COMMONWEALTH of ENGLAND: VoluMe the SeCond, Bvo. 18s. 5. The LIFE and CORRESPONDENCE .of MAJOR C ARTWRIGHT. Edited by his Niece, F. D. CARTWRIGHT. 2 Inds. Bvo. with Portrait, &c. 1381. 6. MEMOIRS and RECOLLECTIONS of COUNT SEGUR, Ambassador from France, to the Courts of Russia and 'Prussia. Written by Himsstr. Vol. 2, comprising the Ay eount of his Residence at` the Court of Catherine 11. Bvo. 12e. French I 6d. 7 . The DIARY of an ENNUYEE. Second Edition, I vol. Post Hvo. 10s. 6d. 8. ADVENTURES o f a SERJEANT i n the FRENCH et_•srmy, writt en by iftstszt.r, during his Campaign' in Spain, crin anY, Russia, &c. from 1805 to 1823. 1 vol. post Svo.9s. 6d. The PLAIN S PEAKER : Opinions on Books; Men, and In 2 vols. Bvo. 241. Ni g: IMAGINARY CONVERSATIONS o f LITERARY non'''''and 'STATESMEN. By WALTER SAVAGE LAN• au "' EN. The S eco nd Edi t i on, c o ns id era bl y improved and 2lntnted' In 2 large vol s . B vo . pr i ce 28 s . B,:x l* O N ThS LIVES of the Right Hon. FRANCIS NORTH King C har Ie s UILFORD Lord Keeper of the Great Seal, under NO ne : l 11., and King James Ll ; the Hon. Sir DUDLEY a n d the ir _ Commissioner of the Treasury to King Charles 11. ; Con r „, , and Rev. Dr. JOHN NORTH, Master of Trinity T ly ths .ambridge, and Clerk of the Closet to King Charles 11. Hioollet_l,on. ROGER, NORTH.; with Notes and Illustrations, price and Biographical. In 3 vole. Bvo. with Portraits, YEARS in FRANCE; or, Narrative of an Eng. Family's Azafrd_je__lles )(fence there duri ng th at per i o d ; by a Fellow a 4 1 . c _° ll e/le) Oxford. In Bvo. 14s. C A B I isT B T -1 1 T AK ERS SOCIETY.— . CHEAP-CABINET and U PHOLSTERY, et the LON DON REPOSITORY fur the CABINET-MAKERS' ii° CIETY, being the only real one now existing in London, No. 71, corner of LEADENHALL-STREET, op °site Aldgate Pump, and which has been established upwards P of Sit years. For Ready Money, and no .Abatement. . The Trustees -and, Committee respectfully inform the Nobility Ind Gentry, that they still conduct the above Establishment for t hilienefit of industrious and ingenious Mechanics (who have lo ge , f a mili es ), by offering their Manufactured Artiel ee ri n th e Cabinet Line of the best workmanship, and eheaper than by any Rouse in London, no other profit being required than to satisfy the warehouse - rent and incidental ex noes ; being tatisfieAl with " 14 tant employment to enable them to support their families, ,the number of whora appear by the Books of th e l ast Q uarterly m eeting to be 141.3. From the gr ea t patronage the Committee 414 received, they are in hopes of increasing that number. The g followin is a Specimen of th e L ow Prices asked ; all , t°,004 warriiited . :— X. a. rl. '„,'vkt feet Mahogany Bedstead, four-post 4 10 0 epnt -1 6 0 . d itto - - Bar fl.. .1 ■• 1 1 0 le. , mattreas to fit - - Eki-uogany Drawers with solid ends - 85 0 ght Mahogany Chairs - - 610 0 alah e .. 2 0 0 gany Pembroke Table F'l" Bed freer froni dust and smell, .. dace' from. .x 2 12 0 to 8R 0 S'44 1 " ro Sofa, So from 45 , 5 0 to '7 7 0 . a. N i ßedst ea d - k "ganY H orse- H air Sofa - - 6 10‘ 0 ""1"14 A querktity. of Paer Haings for Red, Dining, and Drawi n g. t"tl4B , itt: niari H a lf-pric e • Th e Trade will fi nd it worth their ate, ntion. Y 4w o n es Furnished at a few d a ys' notice, and' Apartment s i n a .paoked he. of expenotexcept the matting, T. COrd er COISBUTTIE., l' -4 Wilson.• Carter . v ti . 7 .3::li e el er .: , 3 . thi t i. f I L W.' Weghorn RU} LL Age n t. ' ':- •J. HASLER, Secretary t No. 10,593 WHEREAS by an Order of the High Court of Chancery, made in a Cattee'wherein MARY GILBERT, Widow, is theThintiff, and THOS.'WETHERELL and CHAS. WETHERELL are the Defendants, it was referred to WILLIAM Wmormn, Esq, one of the Masters of the said Court,' to in quire and state to the Court, whether Thomas Wetherell, late of Hammersmith, in the County of Middlesex, Esq., (who died on or about the 22d day of March, 1814), the Intestate in the said Order mentioned, left a Widow living at the time of his death, and had any and what Children ; and if so, in case any of such Children had died, who WAS or were the personal Representative or Representatives of him, her, or them, so dying. Pursuant, therefore, to the said Order, the Widow of the said Thomas We therell, the Intestate, (if any), or in case of her death, her personal Representative or Representatives ; and in case the said Thomas Wetherell, the Intestate, was ever married, the Children of the said Intestate (if any), and in that case the per- Anna! Representative or Representatives of such of them (if any) as have died, are, by their Solicitors, forthwith to COME IN and MAKE, THEIR CLAIMS before the said WILLIAM Witiortxt,n, Esq„ at Ilia Chamber'', in Southampton-buildings,. Chancery lane, London, and by proper evidence support the Same, and prove such kindred or representation, or, in defaiilt thereof, they will respectively be excluded the benefit of the said Order., FYNMORE, CLARKE, and FYNMORE, Plaintiff's Solicitors, Craven-street. SCIENTIFIC INSTITUTIONS. FRENCH INSTITUTE.—The Royal Institute of France has offered prizes for the following inquiries . :-- "'For 1827.—T0 investigate the political state of the Greek cities of Europe, of the Islands, and of Asia Minor, from the com mencement of the second century before our era, down to,the es tablishment of the Empire of . Constantinople. " For MS.—To trace the commercial relations of France and of the other states of Southern Europe with Syria and Fgypt, from the Empire of the Francs in Palestine to the middle of the sixteenth century ; to ascertain the nature and extent of those re lations ; to fix the date of the establishment of coosulships in Egypt and Syria ; and to point out the effects ~Melt the discovery of the passage by the Cape of Good Hope, and the establishment of the Portuguese in India, produced on the commerce of Fiance and Southern Europe with the Levant. ROYAL INSTITUTION ,IN THE NETHERLANDS. --The Brussels Royal Institution has offered a prize of a gold medal, value five hundred florins, for the best answer to each of the subjoined questiOns;-- " 1. Has chemistry, by the analysis and examination of the elements of the products of nature, thrown any light on the essence and properties of different classes of remedies, •and on the manner in which they affect the solid and fluid. parts of the human body ; and what are the advantages which the medical sciences have thence derived ? " 2. Is it true (as appears from the observations of the late N. Brugmans, and as several naturalists have remarked) that, the roots of plants produce a matter, which in several species ii per nicious to other plants ; and ought not this phenomenon to he re garded as the principal reason why several sorts of plants will not easily grow, either simultaneously or even successively, with other aorta, in the game ground ' • and ought not regard to be h a d to t hi s circumst ance i n planting ? What are the experiments and proofs which sufficiently establish' thititypothesis, if it be well founded ? And what is the explanation of the phenomena, if this hypothesis ought to be rejected ? " S. A clear, accuratf, and sufficiently detailed account of all that belongs to the planting, grafting, growth, and general cul ture of the fruit trees which are the most important in the ,king dom of the Netherlands, and of the means of obtaining the best species." ' • ' The answers, with -the .exception of those to the last proposition (which must be in the language of the country), may be w r itt en e i t h er i n Flemish , French, Latin, English, or German, and ought to be sent, free of postage, to the; Perpetual Secretary of the Filet Class of the Institution, before the Ist of March, 1827. BRANDRETH'S 'PATENT CA RR 1 A GE.--11115 im proved mode of const ruct i ng wheel carriages consists in adding friction wheels to them, w hi c h t h e patentee calls " sheaves. " carriage described in the specification a of the sort used on rail 'roads, and its hind wheels are o f th e s i ze an d description emp loyes} for are fixed upon an ax l e , w hi c h turus round along ,but the carria ge , i nstea d o f rest i ng directly on such it c l a i r t r h iag em es : and this axle, is supported by smother axle o we d i n the urns verticle plane over it, on each end of which is a friction -wheel or-sheave, that is sustained by the first axle. Sh e t wo ax l es are kept in their joined to th e carriage, by two irons, relative positions , and like long vertical staples, which descend from the carriage near the ,wheels at each side of them, so as to enclose both of the axles within them, the upper axle being moreover surro un d e d b y sockets 1 that lie within the upper part of these long staples. • These staples have diagonal pieces proceeding from their l ever en d. ' to the bottom of the carriage, both before and behind, forming a frame work altogether, which the patentee compares to the king.po s t and rafters of a roof.—The part of the lower axle on which the friction wh ee l s res t, is enclosed in two cylindrical c ases t h at turn on it, and which, besides making the friction more easy, keep the lower axle from moving out of its place laterally, by occupying the spare between the naves of its wheel* and the long staples. The front ax l e a l so passes b e t wee n similar stapl e f rames, but on l y axle of which, however, is equally long as that before de a single 'friction-wheel rests on its centre, the 7,..ribed, and revolver at its ends in sockets in the staple-frames in ails is manner, The use of this method of arranging the front to twist the carriage, . , of the rail-road, ~,L7 c , ll t° Provide against any casual inequality earr ol i b if this axle were fitted,up as the hind one, might cause the tend a g e to run only on three of the wheels—an effect that would by the inequality single frictio,„,--; of pressure whic h poses Win b e „ A I Vituld,oceasion, and which the patentee sup and bend the axle., giv e , to i ts mo l, by resting on the centre of the front-axle, prevented by the freedom of motion that the vented from bein g vertically_; which motion, however , is .P t re , - the staple fram es . '' R e _7 l , Iva by stops, properly disposed w i t hin nature P r platform, t which . he ar ti ll 71 eYs byttotreel°e7l44!•h j i y ts i e i l ti f es is er o n n o ly t, a sc p c l o a r,d in ing tab to le th o g r to have separate half box, * it tarried. The patentee also proposes gether is the middle by b e l t , ea ch end of the platform joined to wn made to separate also in theooks ; and the platform . itself middle, or to rise up there by hinges, when the holm, ar e drew lit each end will cause the load their be . the preponderance of the load their eoutenis to he precipitated 0 ,1 t6 '°l o * l l2asunder above, and Duly be convenient for the delivery of . g "" 4 ° 44 ° Inds which tides. A chain between the tops of th e the distance to which they may be teetteir° half boxes regulat" I E llning Courant. tuld various other ar- P ar -'7 !!ttrider,,..—.dnbarigt THIJRSPAY EVENING, AUGUST g 4, 1826 CAPE OF GOOD HOPE. REPORT OF THE c OmMIANIONERS Or INQUIRY AT THE CAPE or Coon HOPE, DATIZO 7TH OF !Ammo., 1825, UPON THE COMPLAINTS ADDRESSED TO MS COLONIAL GOVERNMENT, TO THE KARL BATMUROn MR. BISHOP BURN, AND TO nu HOUSE OF COMMONS ET CaPe-town, Cape of Good Hope, Dec. 7, 1825. My Lord,—ln pursuance of the instruction - that accompanied the voluminous correspondence of Mr. Bishop Burnett, and other documents that were communicated to us at your Lordship's re quest by Lord Charles Somerset, we proceed to submit to your consideration our report upon the complaints that were addressed to us by Mr. Burnett in the course of our visit to the Eastern district at the dose of the year 1823. • with Mr. Wilm o t We have fu r th er noticed the principal points that he has urged in the course o f hi s subsequent correspondence Horton, and th e pet i t i on that-4 a more recent period has been presented in his name to the House of Commons. We have already stilted to your Lordship, that we had dis tinctly appris e d M r . B urnett, in the rear 1824, that our inquiries into his grievances wouldb e limited to those that had an appa rent or real connexion with the operation of the existing laws and institutions ; but that we couldinot hold out to him any expectation of speedy redress, more especially if we should find that he had neglected or omitted to avail himself of those modes of obtaining it that the law, of the colony afforded. The principal cause of.his complaints appeared to be founded in the alleged injustice and illegality, of certain decisions pro nounced by two members of a commission of circuit, who tried several actions, in which be was plaintiff or defendant, at Gra ham's-town, in the year 1823 ; the severity and oppressive con duct of his opponent in these actions, the act of' the sequestrator in prematurely publishing his insolvency in the Gazette, and the general effect of these measures upon his character and credit. Mr. Burnett also very strongly complained of the partial and irregular system by which the commissariat department made its purchases of green forage for the supply of the cavalry of the Cape Corps ; and the injurious effects of this system upon the efforts of the emigrant settler, to avail themselves of the only market that was open for the produce of their lands. 'He also complained of the rejection' of a claim that he had made upon the same depart ment for several loads of grass that had been cut upon his land for the use of the Cape cavalry, which he alleged that Major Somer set, who commanded the corps, had promised to discharge before he took his departure from Graham's-town in the year 1822. We perceive that upon later and more public occeeions he, has denounced certain other practices in the Commissariat Department deduced from its connection with the establishment called the " Somerset Farm," which has lately been dons away ; and that he has adverted to the influence alleged to have been exercised by the Governor over the disposal of Government bills by the Commis; eery, and the regulation of the periods of drawing, both of which, if attended with the inconvenience or effects stated by Mr. Bur nett, have been removed by the enforcement of the regulations issued 'by the Lords CommisSioners of the Treasury, and by the: facility that is now afforded in the exchange of paper currency for Government bills at a certain fixed rate. We do not consider it necessary to take any particular notice in this place of the complaint that was made by Mr. Burnett of the refusal of the local Government to include him inthe general issue of rations provided for those settlers who had emigrated under the guarantee of pecuniary deposits,, which were to be reimbursed to them on the fulfilment of. certain:conditions. Mr. Burnett had withdrawn himself before, he left England from the engagements into which they had entered, and arrived at the Cape with au en tire freedom of choice as to pursuits or destination, with a claim upon Government, in consinetteirof your Lordship'srecommend talon, for a grant of land proportionate to the means that he brought, or should be able to prove that he brought, with him for its cultivation. Several memorials from him upon these sub jects are recorded in the office of the chief secretary to this Go vernment, and couched in vehement and frequently offensive lan guage ; but we find, that et a subaelitent period, Mr. Burnett partook of the issue of ration', by order of the magistrate at Graham's-town, to the amount of 720 six -dollars, for which he is still indebted to the Government. He proceeded to the district of Albany, after having received information that the lands of the river Knysna, upon which he was desirous of settling, were not in the disposal of Government, early in the year 1820. He took a lease of a farm, named "Doom Valley," advantageously situated in the immediate vicinity of Graham's -town ; and in consequence of au application to the acting Governor, Sir Rufane Donkin, he received a grant of land adjoining this farm. Although our in quiries respecting the means and resources brought into the colony by Mr. Burnett have not been of a direct nature, we are led to conclude that they were very limited, and chiefly, if not entirely, consisted of the credit that he might possess in Englanfl, in conse quence of his relationship to some of the members of a respectable mercantile house near London. Through the recommendation of the acting Governor, the su perintendent of the government-farm at Somerset was induced-to advance to him a certain quantity of stock and grain, amounting to the sum of nine hundred rix dollars ; and it appear" that he ob tained similar advances from a subordinate officer of the same establishrnenti Mr. Burnett repaired to his farm, and applied himself with avidity to the production ofgreen forage for the use of the cavalry of. the Cafe Corps, stationed at Graham's-town ; having been en couraged in this pursuit by the great demand that Lieutenant- Colonel Somerset informed him existed for green forage, and by the facility with which it was supplied from the gardens and al lotments of the officers of the corps, 'and of the inhabitants of Graham's-town. A lease of this farm had been executed by Mr. Hart, the owner, dated -the 13th of J une , 182 0, i n favour of Mr. Burnett, in which it was stipulated that he should berg:possession of it for three years at an annual rent of 600 rix dollars, commencing on the 6th day of May then past, with an optionof renewal at the end of the term for three years longer, and a power of purchasing the farm, at any tune during its continuance, for the sum of 7,000 rix dollars. Mr. Burnett en t ere d upon t h e l and; and, in consequence o f an cep _ !plication that he made to the acting Governor, Sir Rufane Donkin, - he received in the same year a grant of land, consisting of 1,200 acres, as well as a building allotment at Bathurst, subject to a condition of locating seven. persona on the former, as soon as he could obtain them from Cape-town, and of constructing a house upon the latter within three years from the date. Although Mr. Burnett had expressed himself greatly dissatis.. fied with this grant in several memorials, and had importuned the Colonial Government for an extension of it, yet, he himself bears testimony to its value, in letters, dated the 9th of August and Ist of November, 1820—that he possessed "a place under such singular advantages, that he . could not brie foresee a most prosperous issue to lil a un d erta ki ng ; an d t h at, fiom its command of wood and water, and its contiguity to Graham's -town, it was considered the finest and most valiable grant on the frontier." Mr. Burnett immediately commenced the cultivation of his land, sad' employed a considerable. number of labourers and workmen in throwing up fences, and in the improvement and embellishment of some garden-ground on the farm of Mr. Hart, as well as in repairing some small cottages that.ht found upon it. He also built an ornamental rustic lodge, and surrounded a large portion of his garden-ground with park' Palings. Hiving esta blished a connexion with a mercantile house in Cape-town, he ip continued to r ece i ve suppl i es from them, consisting partly of ar titles that' were wanted in th e di s t r ict, but , th at they were not of a deser tuna value of hi s farm.tion th at would - lend to augment or inipeoe, 'th e agr i cu l - About the commencement of the year 1821, he received an ap plication from Mr. Hart for the payment of his account for ad- ranges, wh i ch, as li e was unable to liquidate, became the sub ject of judicial process, issued from the Coot! of Juetice in the month of February in that year. It is neeeseary here to observe, that on the 24th Of the.satas month, Mr. Bu rnett told executed, before the Secretary of th e 40 tr i d , o f Ilitenhage, an assignment of all his property, including Credits, favour of the merean tilt-house at Clispe-towu that had mode pecuniary advaneeitohim. Idorivation havin g b evo rea i xtf t by this house respectin g Mr. Burnett's credit 'in England that was not satisfactory, ilnd the bills that he o ff ered t ,hi'm lisiYrneint hiring been tendereireo, T ale. without success CaPe4oiVi, . they wire induced to accept the assignment and mortgage of all his properly of every des cr i pt i on , which he was flintier Impowered, to occupy and retain r their fo b ene fit,. transmitting ltahern an annual account o f their' proceeda. Th e justrument-war executed b e f ore a no t ary of a neighbouring di s t r ict, with a view to avoid the injuviouo effect, ' th in t h e ,ota. • -. 0 .:.. .I‘ . ~ ,„:. ~ , , ,-„ , . : . 7 101 ::' ,4041 *- I,_. :‘ . , 11 :1 F ,I i" -I s -- ; , '''' ---fiw,:- • , . . 06' t Y - 4 1 Y ' ':';' , i - .A. , ' A n ."" .., - f"' AA' ' . . Atrt PRICE 7D. riety of the transaction, if it had passed in his own district, would have produced. In the mean time the action which Mr. Hart had instituted against him w as p rocee di n g ; an d as Mr. Burnett did not 'repair to Cape-Town according to the summons, or employ an advocate there in his defence, sentence was pronounced against him on the 26th July, 1821, by default, after four separate summonses bad, according to the practice of the Court, been duly served upon him by the 'messenger of the district of Albany. It has .been asserted by Mr. Burnett that these forms were conducted in the Dutch lan guage, which he did not understand : but we have every reason to believe that they were accompanied by English translations.--a practice that is observed in all cases where there are English par ties ; more especially as to every one of the summonses that were served 14 the messenger, Mr. Burnett invariably replied in Eng lish, and in a manner that .proved his entire acquaintance with the nature of the proceedings. The sentence of condemnation of payment was transmitted by the sequestrator (she officer who executes writs) to his agent in the Albany District, on the 27th October, 1821. On being summoned to point out property in payment of this debt, Mr. Burnett produced before the landdrost of the district (the agent to the sequestrator) a notarial act of assignment of all-his property to the flip of Messrs. Ebden and Eaton, together with a power of attorney from them to act as their agent in the admi nistration of the property. He further declared, that since the passing of this deed, no property of any description had become bona fide his, and that he had no property of which he could ren der an inventory. Considering this declaration to he somewhat unusual, the se questrator required that it should he confirmed by the oath of Mr. Burnett—a precaution that had been already taken by the agent. A similar declaration having been made by Mr. Burnett, in an. swer to another sentence that was issued against him, the seques trator proceeded to advertise, in the Cape Town Gazette, of April, 1822, a notice to the creditors of Bishop Burnett to send in their claims in consequence of his insolvency. In a conversation that took place between the sequestrator and the principal creditors of Mr. Burnett, at Cape Town, on present ing the account of his claims, the former baring but an imperfect knowledge of the English language, seems to have mistaken a de claration of this creditor's wish to defer the sale of the property of Mr. Burnett, for an undertaking to arrange the payment of his debts; and under this belief, dispatched an order to his agent, to suspend the proceedings against Mr. Burnett, and to call his cre diteretogether, and submit to them the proposals he had made for the gradual payment of their claims. These proposals having bean withdrawn by Mr. Burnett himself, and no satisfactory ad justment having been made with the -sequestrator, his agent, at Graham's -town, at the instance of Mr. Hart, who contended that he WWI entitled to the possession of his farm, proceeded to a valua tion of the improvements that Mr. Burnett had made upon it. The valuation was made by two persons appointed by the land drost, but no other steps appear to have been adopted for Mr. Bur nett's removal. Both parties feeling dissatisfied with this state of things, Mr. Hart being disappoint e d in not being able to recover his debt, or the possession of his farm, and Mr. Burnett having been injured in his credit by the public declaration of hie insolvency, addressed complainis to the Government and to the Court of Justice, and brought actions against each other before the Court of Circuit in the year 1822, the first to cancel the lease, and to eject the tenant on account of his insolvency ; and the latter to recover damages for illegally attempting to eject him, and for serving him with notice to quit. In the fin l i t action Hart relied upon the declaration of Burnett's insolvency, ifnd produced a Gazette in proof of it ; but Burnett having alleged that he had no opportunity of obtaining the docu ments necessary for his defence, and as the . Court found, upon re ferring to the landdrost of the district, that a correspondence was still open with the sequestrator upon the subject, resolved that the further consideration of the case should be postponed, and that time should be allowed to the defendant to disprove the allegation of insolveney.: ' • The adieu of aisrmat against Hart fir illegally attempting to dispossess Mtn, was,didirssed by consent, and upon a suggestion from the Court that she entry of the cause should be amended by making the sequestrator aparty, to the defence. It is alleged by Mr. Burnett that the commissioners of Circuit in the year:lll22 ' made a formal declaration of the irregularity of the proceedings of the sequestrator, but we do not find that any mention of such a declaration is entered upon the records of the Court. It has been stated by a very competent witness, that he heard one of the Commissioners of the Court declare that the proceedings were irregular for want of a schedule of the debts and credits ; but e'en if this declaration had been so made, it would not have had the effect of superseding the act of the sequestrator, for the terms on which the postponement of the trial was granted implied a neces. shy of obtaining further evidence. We have referred to the COIn. rniesioners of ,Circuit upon this point, and find that, although they, differ in their recollection of what was said by one of thein upon this occasion, yet • they have finally concurred in thinking that the consideration of the question of insolvency was suspended and left open to future discussion : we cannot therefore concur in the assertion made, and often repeated by Mr. Burnett, that his insolvency had been declared by the Court in 1822 to be irregular or unjust. Mi.. Burnett was thus enabled to retain the possession of the farm for another year, and he has asserted that he made a tender of the rent to the Secretary of the district; but it is positively asserted by the Secretary that Mr. Burnett only requested to know. whether he would receive the rent, and upon his declining it, as not being part of hie duty, Mr. Burnett retired and did not repeat his request. In the month of May, of the year 1823, Mr. Hart renewed his action of ejectment before the Court of Justice in Cape-Town, but his claim was referred to the then ensuing commission of circuit 'that arrived in Grafiam's-town 'in the month of October, Pre vious to that period, cross actions had been entered before the (16.- okt-clerk, amounting in number to nine, but which were reduced to six by the Court with consent of the parties. The order in which it determined to hear them, was opposed by Burnett on the irotind Of its disturbing the arrangementbe had made for hit de fence, which was framed upon an understanding that the priority that, had been given to each cause by the district clerk would be observed in the hearing. The Court, however, having considered that the causes that had been postponed from , the former year ought t o have precedence, resolved to proceed in the trial of the action of ejectment, brought by Mr. Hart for recovering the poi session of his farm, and for cancelling the lease under which it was held, intimating at the same time that it would give no decision upon any of the causes until all had been heard. • In the action of ejectment the plaintiff, Hart, relied upon the declaration of Burnett's insolvency ; and now added for further ground of action, the breach of tt condition in the non-payment of rent for two years. The late contained no positive terms for the payment of the rrent; yet Mr. Hart contended that the words " annuel payMent of 600 dollars" clearly implied that thin sum was to be paid in every year. In support of this position, he was permitted to exhibit a certificate of the notary by whom the lease was drawn, attesting; that at the time of its execution, an under standing prevailed between thl parties that the payment of the rent should be annual. It was contended by the defendant, Bur nett, that the lease bore an opposite construction ; that no rent was due until the expiration of the first three years; that it p."l optional with him to extend his occupation of the farm until the I end of the following three. Ile offered no evidence, and the Court,, at the termination of their union, decided that the plaintiff was entitled to enter on the possession of the farm, and condemned the, defendant to quit it immediately. In the next Winn thit was tried, M r . Bi s h op Burnett was plaintiff, and complained of the illegal warning th a t h ad been given hiM by Mr. Hart to quit the farm, and of an ab so l ute order that he had received to leave it in the month of April o f t h e cur rent year. It was agreed to join to this case a n act i on that he had entere d for damage* from these notices. Proof was given of the i n terruption of the Meurer,' whom Mr. Burnett had emplo ed ' bark and preparing charm in • y in procuring given.of the profits that might have been derived from the vas also sale of green forage, but dependent, always upon the on ' ng of it The • rP°"tuntiea' that might exist of -ialv • four , . rejected the pkinfiff claith.for damages, m consequence of the otice a; who justified .it by the public d eclaration P given by the de tin joiniveney, arai of 44, expiration the lease of the plain of lease in the month of the jusy; cos ts 8. ;.and the Court also condemned the plaintiff to pay The maim' brought by Burnett against Mr. Hart; and the se queetrator, for damage. arising from their having 11444 eon spired to eject him from the farm called Doom Valley, and which bad been deferred in the year 1822, was next heard. The plain tiff proved, that an order had been given by the sagnestrator to his agent at Graham's Town, dated 28th of January, 1822, stat ing, that in consequence of the firm of Mesas. Ebden and Eaton having declared that Mr. Bishop Burnett was not their 'gent, but that he was indebted to them in a considerable sum; he ires forthwith to proceed in sei z i ng and selling all h i, property , Thi s order had been attempted to be enforced by the Landdrost, but had been met by a protest by Mr. Burnett against it as illegal, and a declaration of his intention of retaining possession of the farm until compelled by actual force to quit it. On the part of one of the defendants, Hart, it was contended, that no conspi racy was proved—that he had done no act in conjunction with the sequestrator—that he had repaired to Graham's Town, in consequence of an order of the Landdrost, to take over the farm, and was there informed, that in consequence of subsequent orders, that proceeding was to be suspended, and a valuation of the improvements on the farm was to be made. The same defendant further contended for the legality of hie proceeding against the plaintiff, who had attempted to defeat the claims of just creditors, by making over all hie property to one individual, and had thus exposed himself to the consequence of a declared insolvency; one of which was the avoidance of the lease, and of all right to continue in possession of the farm. A memo rial was submitted to the Court on behalf of the sequestrator, that the lateness of the notice of trial precluded his attendance ; and, independent of this circumstance, he contended thet the plaintiff should have qualified himself to bring this action, by fittg obtaining a veniana agendi, a form that is observed in the colonial Courts, whenever a public ofEeer of rank is summoned. The Court, in pursuance of a power given to them by a proclamation of the year 1813, referred the cause to the decision of the full Court. In an action for rent brought by Hart for the occupation of the Earns, the sum df 1,200 fix-dollars was decreed to be paid to him by Burnett, together with interest from the 25th of May, the day on which the lease expired. The nest action was brought by Mr. Hart against Burnett, to recover damage. for removing fruit-trees from his farm, and for destroying two buildings that were standing upon it at the com mencement of his !ea.*, and the loss of the harvest of the current year, in consequence of the defendant having continued to occupy the farm beyond the expiation of it. After hearing the evidence, the Court rejected the claim for damages, hut compensated the plaintiff by allowing him rent from the expiration of the lease oft the 25th of May, 1828, to the period of the defendant quitting tliN farm in the month of October. The plaintiff, however, was con. demned in the costs of the action. The defence to these actions was made by Mr. Bishop Burnett in writing, and was permitted to be read to the Court. It abounds in violent invective against the Government, and some of the pub. 1k functionaries ; and , some passages were considered to be so ca lumnious, as to induce the Commiasioners of the Court of Qircuit to transmit the document to the cognisance of the Fiscal; but it does not appear that any prosecution was founded upon it. When the trials were concluded, the memorials of certain cre ditors of Bishop Burnett were heard, complaining of the delay in executing the sentences they had obtained against him ; and, in one of them, a charge was made against Burnett of having coat mitted acts that were in fraud of bis creditors; the Court of Cif. cuit ordered that Burnett should again be summoned to give set account of his property to satisfy the demands of his creditors, and that in failure thereof, an inventory should forthwith be taken by the Landdrost and forwarded to the aequestrator. The charge of fraud that had been made against him waseommitted to the in quiry of the Landdroat and the Heenfreaden of the district. Against all these declaims, except the last, Wallop Burnett entered appeals ; but instead of prosecuting them before the High Court of Appeal, he transmitted a memorial to. the Governor, charging the two Commissioners of circuit with gross ignorance of their judicial duties, and with corruption, partiality, and in justice. Shortly after the proceedings had been concluded, the sale of Burnett'. property took place, and produced the sum of 4,850 rix-dollars, which was given for the grant of land that was con ferred upon him by the acting Governor ; a great part of the per sonal property had been disposed of by Burnett himself, between the period in which the first inventory was trade, andthe conehre lion of the proceedings by the Commission of circuit. In the same interval, also, very heavy storms of rain had occurred, by which the improvement, that he had effected upon the farm, and in the garden of Mr. Hart, had suffered great injury ; and one of the houses that had been injudiciously placed near the cowls of the river wart destroyed. We have been induced to enter thus minutely into the eircume stances of these proceedings, as Mr. Burnett has made thein . the principal ground. of his complaint, both in this colony and In England, and the pretext for a very violent representation to the. Governor, for which he was called upon to answer criminally be fore the Court of Ji.stice. In hie first complaint, he adverted to the vindictive spirit by which Mr. Hart 'was actuated in compel". ing payment of his claim for SOO rix-dollars, and his attempt to appropriate to himself the improvements he had made and WAll making upon his farm. If it were necessary to seek a justification of this proceeding on the part of Hart, it might, we think, be na turally found in the very questionable transaction, that has, in fact, as well es in law, been the cause of all Mr. Burnett's difficulties. After his draughts upon England had been publicly declined nt Cape Town, and after he had incurred debts to two 'individuals for the means of cultivating his land, he made an assignment of all his property, for the purpose of securing a particular, creditor, and avowedly for that of defeating the just claims of others. He farther states, that au attempt was made by Mr. Hart to obtain posse*. sion of the laud contiguous to his farm, that had been granted -to him by the Government, and has complained of the injustice of snaking it liable to execution, when the grants of other eat tiers were not liable until the expiration of three year', at which time they were to receive their titled. Mr. Burnett forgets, how: ever, to state, that he received the title to his grant at the eXpitier tion of the first year, at the solicitation of the creditors to when*, he very soon after assigned it, for the twofold purpos4 of enabling him 'to give security for the advances that had been Intuit to him, and to protect the property from the claims of others; be justified this proceeding, we observe, by a reference to the preferential na ture of the debt, in which he can by no means concur. The debts for which he was pressed by Mr. Hart and another creditor, arose from the supplies of cattle and stock, by which he was enabled to cultivate his hula, while the debt of the commercial firm consisted partly of a pecuniary advance made to Mr. Burnett on his snivel in the colony, of furniture for his house, and of a certain quantity of tea, which was evidently intended for the purpose of retail or commercial profit in the district. Mr. Burnett alleges that he has expended the very considerable sum of 20,000 rix-dollars upon the farm of Mr. Hart, and that it was an act of great injustice in him to attempt to appropriate such a sum to himself; but it' is necessary to observe, thet.the improvements that were made by Mr. Burnett were not such as to increase the value of the farm in the opinion of a practical settler. nor were they made with the knowledge and consent ofMr. Hart. the landlord. The rustic lodge that he built was a fanciful structure, and the garden was laid out more with a view to embellishment than to profitable cultivation. The number of fruit trees, however, was greatly aumented, and some pains were taken to select the best kinds. Much stress is laid by Mr, Burnett upon the incompetence of the persons who were appointed by the Landdrost of the district to appraise the imprrwements ; one of them, we find, was a builder, and the other was the Veld Cornet of the district, and persons who, from their habits, might be considered competent to appraise the value of the ordinary buildings and agricultural improvements in the district. Upon► a review of the evidence that was given, respecting the value of these improvements, before the Court of Circuit, cud allowing for the novelty of some of them, tee do not conceive that the sum of 1,315 rix-dollars, fixed by the appraisers, was toe low an estimate. We bay. had occasion to advert to the declaration that was Mil4 ; 10 either t llu e rnett, his possessing no much of his embarraasn' o. planation by w hic h th ey other creditors, for a fi ll ti on thil th ei b th y their benefit. It appesta to us that of the year 1822, or d ur ing decia before the agent of the sequestratorw of property, a just ground , absence of an tile imu i`e in Cape -tow Yi!ra"d of having assigned it to a Mer y eall e : dtheenpcefiroThewtitaiiptlatte)r.veei'dridfeln.heyishreal‘eitrs.ecnßtti,tti‘:saurigirrlttini,ahlii°4elotitt::ttlwehta;itb:ltht‘iiilia'tlsnobial:ln'ile'lvfievuthe'll:ilabitre, or e :;(sliired i k i ul:sliii : t i nl:ll : fiti i tv'e'ewBtd i hit k e e he"7:dch n e ; retila t n:: : it r it:tl2.ll 's to On the first occasion ey th poitponed to give him time offered any that t e nded to show that the property that he had been allowed to hold was sufficient to discharge the debts that were brought against him, or that his creditors were willing to accept ter m s, or enter into arrangements for future payment.._. lie kindly complained of the infraction by Mr. Hart of the terms of the lease, in deManding payment of the tent before it was due ; but upon this point he had nothing to oppose to the fame atropin., fae of having paid the rent for the first year, and ha v i ng ma d . a go,, e i e e tender of it for the second ; nor to the equitable cow.. struction of the lease, in which the farm is described to fd be let ' upe fo p r r,t ili ne ti nli s ueed p m ati ; e ; o ha f not t r h t i hy T er e tp y ta tat ort r ti s hese ral he ' a r drt in fii k ticia a yt t ea ti g l or e efe r dt a h, te tat o inod f utio 6 l o ll o ersw ri th r o : o d d o d llare tt the payment of the rent should be annual. . _ It illy doubt had remained upon our minds rerryeeting that fact, it would have been removed by perusing the contents of a A DISSOLUTION of PARTNERSHIP having been announced in the LownoN GAZETTIL in the Firm , of Messrs. SAVORY, MOORE, and DAVIDSON, of New Bond street and Regent-street, Mr. D. takes the earliest opportunity of announcing to the Nobility, Gentry, and the Public, that during the necessary interval for the winding up the said -coucern, Mr. D. intends making arrangements with different Leading Houses on the Continent, and East and West Indies, for DIRECT IM PORTATION of DRUGS, &c. previously to his commencing Business on his own Account. DELAFONS' BANKRUPTCY.—The joint CREDITORS who have PROVED THEIR DEBTS under a Commission of Bankrupt, awarded and issued against JAMES DELAFONS and HENRY DELAFONS, Goldsmiths and Jewellers, surviving Partners of the firm of JOSEPH DELA FONS and SONS, are requested to take notice, that a Dividend of Four Shillings and Sixpence in the Pound, on the amount of their respective Debts, will be paid to them on Monday, the 28th day of August inst., between the hours of Eleven in the forenoon and Two in the afternoon, and following days between those holm; and also between the hours of Three and Five in the afternoon, on application to Mr. John Thomas Ashcraft, one of the Assignees, at No. 42, Sackville-street, Pic adilly. —Dated 22d day of August, 1826. CHARLES HERTSLET. 7, Northumberland -street; Strand, Solicitor to the Assignees.